Minnesota Implied Consent Law

Minnesota Implied Consent Law

Posted By
Brockton D. Hunter

In most states throughout the country, including Minnesota, “implied
consent” laws.

Implied consent refers to the implicit agreement that all motorists make—by
driving on roads in Minnesota—to consent to take a chemical test
to determine the presence of alcohol or drugs. In other words, it is mandatory
for a driver to submit to testing if law enforcement has enough probable
cause for a
DWI arrest.

Furthermore, if a driver refused to take a preliminary breath test (PBT),
had a PBT reading of .08% or more, or was involved in a crash involving
property damage, injury, or death, then he or she is required to submit
to testing.

Consequences for Test Refusal

For test refusal, Minnesota statues provide criminal and civil/administrative
penalties. However, recent court decisions have found specific criminal
actions for test refusal to be unconstitutional. Now, refusal to take
a chemical test can no longer be criminally enforced, but only in cases
involving breath tests.

If a person who committed a first-time DWI offense which involves a breath
test refusal is considered a gross misdemeanor, also known as a third-degree
DWI. A gross misdemeanor is punishable by a maximum jail sentence of one
year and a fine of up to $3,000. A second DWI which involves test refusal
is also considered a gross misdemeanor, but also a second-degree DWI,
which is subject to vehicle forfeiture (civil penalty)

The civil/administrative penalty for chemical test refusal results in a
loss of your driver’s license for one to six years. The length of
the revocation or cancelation period depends on the driver’s DWI
history or driving record. Test refusal can result in a longer suspension
period compared to failing a chemical test.

Obtain Experienced Legal Representation

Before administering the test, the officer is required to advise the motorist
of the consequences of refusal. Additionally, the officer must also inform
the driver of the right to contact a lawyer and give the driver reasonable
amount of time to do so. Keep in mind, the driver cannot use this right
to unreasonably delay the test.

While declining an officer’s request to take a chemical test can
lead to harsher penalties than you’d otherwise be facing. However,
there are certain circumstances where refusal could work in your favor.
Since no situation is the same, it is wise to consult with an attorney
to face the decision.